partial taking

partial taking

A condemnation of only part of a parcel of land. Often, if there is a partial taking, then the condemning authority will also have to pay damages for the decrease in value to the remaining portion. For example, if the partial taking resulted in the city gaining most of a store's parking lot,then the store itself will probably suffer a loss of revenues because customers can't find parking.The property not taken will have decreased in value because of the partial taking.

References in periodicals archive ?
Severance damages: In a partial taking, a decline in the market value of the remainder property that arises as a result of the taking and/or the construction of the proposed improvement.
The importance of cost to cure in an acquisition process was first addressed in a National Cooperative Highway Research Program (NCHRP) which is quoted as "[C]ost to cure relates to the after-raking value of property involved in partial taking, or in other words, the damages to the remainder.
Some states allow only complete taking of property while others allow partial taking also, as necessary.
Although the historic market value scenario may be applied to the taking and to the damage to the remaining property, according to this method the owner's new liabilities and responsibilities after the partial taking are not taken into account.
The second solar eclipse will again be partial taking place on July 13, in conjunction with the new crescent of Hijric month 'Dhul- Qa'da', the Moon will cover 34 percent of solar disk at peak of this partial solar eclipse.
The Wessells owned two parcels of unimproved land in Scioto County, Ohio, that were subject to a partial taking by the Ohio Department of Transportation (ODOT) for a new highway.
Nonetheless, the situation may change next week after S&P 500 breaks all-time maximums, as this will be a signal for partial taking of profit from 10% growth since the year's start.
In addition, a condemning authority can seek a partial taking or a whole taking, the difference being that a partial taking involves acquiring an interest in less than the entire parcel of real property owned, while a whole taking involves acquiring an interest in the entire parcel.
For example, Michigan condemnation law permits recovery for damages incurred to avoid business interruption, damages for going out of business as a result of a taking and damages to property remaining after a partial taking.
A partial taking requires compensation even though the regulation deprives the owner of only a part of the use or value of the total property.
Measure 7, passed in 2001, provided for compensation for the partial taking of property by land use decisions, zoning, and the implementation of land use goals.
158) For example, a partial taking on property resulting in multi-million dollar loss may result in no compensation, whereas a total taking on land resulting in only a minimal loss of value to the property owner will result in complete compensation.
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